Inspector powers
The statutory powers granted to health and safety inspectors to enter workplaces, examine records, take samples, and issue notices. The scope of powers, and the conditions for exercising them, are set by the primary legislation in each framework.
By jurisdiction
UK HSE
“inspector powers”Exact equivalentSection 20 of HSWA 1974 confers powers on inspectors authorised by the Health and Safety Executive or local authority. These include: power to enter premises at any reasonable time; power to take equipment or authorised persons; power to make examinations and investigations; power to take measurements, photographs and samples; power to seize and render harmless articles and substances; and power to require facilities and assistance.
Irish HSA
“inspector powers”Close equivalentSection 64 of the Safety, Health and Welfare at Work Act 2005 confers powers on HSA inspectors. These include: power to enter any place of work at all reasonable times; take statements; inspect, copy and take away records; carry out examinations, measurements and tests; take samples; and require removal of dangerous articles or substances.
US OSHA
“inspector powers”Close equivalentSection 8 of the OSH Act 1970 authorises OSHA compliance officers to enter without delay and at reasonable times any premises, or area of any premises, where work is performed, and to inspect and investigate during regular working hours and at other reasonable times. Employers have the right to contest an inspection and refuse entry without a warrant in some circumstances, unlike GB and Irish inspectors who have broader rights of entry.
Practitioner note: Powers include entry without notice and the removal of documents and articles. Obstructing an inspector is itself an offence in all three frameworks.